Modular Constructions Pty Ltd v Supacoat Australia Pty Ltd

[1994] FCA 1102

NEW SOUTH WALES DISTRICT RE GISTRY ) No. NG783 of 1994

GENERAL DIVISION )

BETWEEN : MODULAR CONSTRUCTIONS PTY LTD

Applicant

AND : SUPACOAT AUSTRALIA PTY LTD

Respondent

16 DECEMBER

REASONS FOR JUDGMENT

LOCKHART J.

I give leave to the applicant to file in court returnable instanter a notice of motion which is undated but which I will, for the purpose of identification, initial, date today and place with the papers. This is a matter which was commenced in the original jurisdiction of this Court on 14 November 1994. It does raise a cause of action under S 52 of the Trade Practices Act 1974, but it also raises other causes of action, primarily for breach of contract.

In my view it is essentially a matter that turns on questions of the law of contract and whether or not the contract in question (if any) has been breached; the Federal element is but a subsidiary element. It also seems that the matter has a more substantial connection with the state of Queensland than anywhere else in Australia. The parties have, since this matter was raised by me, considered the matter and agreed that it should be transferred to the Supreme Court of

Queensland. Pursuant to S 86A of the Trade P r a c t i c e s A c t , the Court orders that the matter be transferred to the Supreme Court of Queensland.

The Court therefore makes orders by consent in terms of the short minutes, initialled by me and placed with the papers.

I certify that this and the preceding one (1) page are a true copy of the reasons for judgment herein of the Honourable Mr. Justice Lockhart.

Assocj ate

Bated: 16 Dec-994

Counsel for the Applicant	Mr Horton
Counsel for the Respondent	MS M Gordon
Date of Hearing	16 December 1994

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Date of Judgment 16 December 1994